Foster child sexually abused on state’s watch wins $1.3M settlement

A former foster child abused in
three state-licensed foster homes after Washington child services workers took
her from her drug-addicted mother has won a $1.3 million settlement with the
state.

Suing the state last April,
attorneys for the young woman claimed she was sexually assaulted at three
foster homes after she was pulled from her mother’s care as a young child. Two
of her former foster fathers have since been convicted of child molestation, as
has one of her foster brothers.

Now, the state has agreed to
pay the young woman and her attorneys $1.3 million in compensation for the
damage done to her on the Department of Social and Health Services’ watch.

“Nothing was ever done to
remotely ascertain if this child was in a safe home,” the woman’s attorneys
said in a statement. She was represented by Vito de la Cruz, Bryan Smith and
Sergio Garcidueñas-Sease of Tamaki Law Offices.

“Our client will finally have
an opportunity for a safe and stable life, a life she always deserved,”
Garcidueñas-Sease continued. “She endured pain that no one should ever endure,
especially a foster child.”

A spokeswoman for the
department’s Children’s Administration acknowledged that DSHS agreed to settle
what she described as “a 10-year-old child abuse case.”

“Our intent is that the
plaintiff … is able to use the settlement funds for any mental health treatment
she may need stemming from the trauma she suffered at the hands of her
perpetrators,” the spokeswoman said.

DSHS leaders did not apologize
for the abuse the young woman, among others, suffered at the homes.

Born to drug-addicted, mentally
ill parents, the girl became a ward of the state at age 4. DSHS reports from
her time before foster care indicate she was living in a filthy home. One
investigator found a kitchen sink filled with moldy dishes and a bed with a
dead mouse on it.

She was first placed with Jose
Miranda and his wife, Juanita. Jose Miranda would later become infamous for the
sexual abuse he perpetrated on children during the nine years he was a foster
father.

The Mirandas were licensed as
foster parents even though Juanita Miranda’s own children had been taken from
her while she was living in California. Having been convicted of crimes in
Washington, Oregon and California, Juanita Miranda also tested positive for
opiates while she was pregnant six years before the girl was placed with the
couple.

According to the lawsuit,
Juanita Miranda was under Department of Corrections supervision for a felony
theft when she and her husband were approved as foster parents. Both lied to
DSHS on questionnaires meant to prevent convicts, addicts and people too sick
to care for children from becoming foster parents.

Speaking after the lawsuit was
filed, a DSHS spokesman said foster parents now undergo an extensive background
check. A history of criminal convictions or problematic court orders – such as
losing custody of one’s children – prompts a second level of scrutiny by
department leaders, who are unlikely to approve applicants with less than
sterling records.

Attorneys for the young woman
disputed the claim and argued that more must be done to protect Washington
foster children.

“This case highlights a great
need for change in a state foster system that is intrinsically broken,”
Garcidueñas-Sease said.

The girl was placed with the
Mirandas in March 1998. By May, the state was investigating problems with her
care, and she was removed from the home that June.

During her three months in the
home, Jose Miranda molested the girl, forced her to shower with him and made
her wipe his behind when he soiled himself.

Six years passed before reports
of sexual abuse at the home prompted an investigation that ultimately saw Jose
Miranda convicted of child molestation and related crimes. Rather than prison,
though, he received a suspended sentence.

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